FAQS
What are the basic differences between the four main types of IP rights?
- IP
- IP 101
| Intellectual Property Right | Description of the Protected Technology | Examples | Owner's Rights | Obtaining Protection | Length of Protection (in U.S.) | Cost to Obtain Protection |
| Copyright |
Protects original works in a tangible medium that shows some creative expression. Does not protect ideas, themes, titles, short phrases, brand names, facts, lists of ingredients, or contents |
Software, books, music, video, and web pages | Right to stop others from copying, distributing, or creating derivatives of the work |
Copyright protection exists the instant the work is "fixed in a tangible medium" Registration is a prerequisite to enforcement, but not to the existence of your rights |
Life of the author plus 70 years (but for "works made for hire, "95 years from the date of first publication or 120 years from its creation) | Minimal |
| Trade Secret Right |
Protects non-public information (including ideas) that derives economic value from not being generally known Does not protect information that is readily observable, or against independent invention or development by others |
Secret chemical formula or manufacturing technique Source code |
Right to stop "misappropriation" of the trade secret, but only against those who accessed it - not strangers who independently develop the same information | No formal requirements to obtain trade secret protection, but you must take reasonable steps to keep the information secret (e.g., disclosure of the information only under NDAs, using security systems for source code) | No time limit - as long as the information remains secret and the possessor of the information continues to derive economic value from the information | Minimal |
| Patent Rights |
Protects a "process, machine, manufacture, or composition of matter" that is novel, non-obvious, and useful, and that has been reduced to practice May also protect the physical appearance or ornamental design of a product (design patent) Does not protect natural occurrences, scientific principles, formulas with no utility, or business forms |
Pharmaceutical formulations, algorithms, and methods |
Right to stop others from making, selling, using, and importing the patent invention Protection exists only in the country or countries where the patent was granted |
Application and registration are required for protection; applications are publicly disclosed after 18 months Protection is available for the inventor who is first to file For eligibility for U.S. protection, must file an application within one year of [invention, or first sale, or publication] the invention For eligibility in most other countries, "absolute novelty" is required - the invention may not have been publicly used, sold, or published anywhere in the world before filing |
Expensive | |
| Trademark Right |
Protects names, symbols, designs, and other identifiers (such as sounds, scents, and colors) used to distinguish one source of goods from another Does not necessarily protect against the use of the same name by others if the name is used in a different territory, or to identify different products or services |
Coca-Cola and the shape of the Coke bottle |
Right to prevent the use of the same or confusingly similar marks Protection for registered trademarks exist only in the country or countries where the trademark is registered |
Ownership established through use in commerce Registration is helpful for enforcement, but not required |
No time limit - as long as the mark is being used in commerce as a source identifier | Moderately Expensive |
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